MILLER v. STATE

No. 479, September Term, 1969.

10 Md. App. 157 (1970)

268 A.2d 596

JAMES LEMAR MILLER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided August 12, 1970.


Attorney(s) appearing for the Case

Henry F. Leonnig for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Alfred J. O'Ferrall, III, Assistant Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and John H. Sinclair, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.


MORTON, J., delivered the opinion of the Court.

The appellant, James Lemar Miller, was convicted of assault with intent to maim by a jury sitting in the Circuit Court for Prince George's County and a sentence of five years was imposed.

In this appeal, it is contended; inter alia, that the trial judge committed reversible error "in giving sua sponte an `Allen charge' after the jury had deliberated an hour and twelve minutes." We agree.

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